M/S. BOMBAYWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) One late Shri Puranchandra Buty was the owner of Khasra Nos.320 and 315 (Part) of Mouza Sitabuldi, Nagpur. This property was partitioned amongst his legal heirs and their shares are devolved upon the descendants, who are the respondent Nos.6 to 11 ("the owners") in this petition. This petition pertains to the implementation of "Abhyankar Road Widening and Buty Mahal Street Scheme" ("the Scheme", for short) prepared by the Nagpur Improvement Trust, Nagpur ("NIT") for systematic development of 8.7 acres of land of Khasra Nos.320 and 315 (Part), Mouza Sitabuldi, belonging to Buty family, consisting of Sitabuldi Retail Market on the sides of Mahatma Gandhi Road and Abhyankar Road, located in 'V' shape, from the junction of Variety Square, in the heart of the city of Nagpur.

(2.) The purpose of the said Scheme is to create and improve the existing means of communications and facilities for the traffic by removing congestion and to develop the area into a beautiful shopping centre. The implementation of the said Scheme involves co -ordination of the activities of the owners of the land, the developers, NIT, the Planning Authority for the city of Nagpur, and protection of interests of 210 tenants, including shop -keepers and residents in the area, who are established there since last 50 years. Facts of the case in chronology :

(3.) On 29 -10 -1960, the Board of Trustees of NIT passed a resolution to frame the Scheme under Section 31 of the Nagpur Improvement Trust Act, 1936 ("NIT Act") involving acquisition of properties as per the list and the map enclosed, and it was published under Section 39 of the NIT Act (which is equivalent to Section 4 of the Land Acquisition Act) on 5 -10 -1961, inviting objections from the public at large. The salient features of the Scheme were as under :